Rule 119 | Judgment

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 119 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Judgment

119.01 | Judgment

When a judgment is entered, the clerk shall serve a copy of the judgment entry and notice of entry of the judgment upon every party in the manner prescribed in Rule 43.01.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 119 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Judgment

119.02 | Amendment of Judgment

a. The court retains control over a judgment during the thirty-day period after entry of the judgment and may within that time, after giving the parties an opportunity to be heard, vacate, reopen, correct, amend or modify the judgment for good cause.

b. Not later than 30 days after entry of a judgment, the court on its own motion may order a new trial for any reason for which it might have granted a new trial upon the motion of a party. Every order entered pursuant to this Rule 119.02b shall specify the grounds for granting a new trial.

c. The 30-day period after entry of a judgment for granting a new trial on the court’s own initiative is not shortened by the filing of a notice of appeal, but is terminated when the record on appeal is filed in the appellate court.

d. After the filing of a notice of appeal and before the filing of the record on appeal in the appellate court, the court, after the expiration of such thirty-day period, may still vacate, amend or modify the judgment upon the stipulation of the parties accompanied by a withdrawal of the appeal.

Comment

The purpose of this Rule 119.02 is to enable the court to amend or correct a judgment after entry, to make a judgment conform to the pleadings and evidence, and to reopen a judgment if additional evidence is necessary or additional circumstances exist that the court did not adequately consider when it entered the judgment.

This Rule 119.02 does not apply to a modification of a judgment based upon facts occurring subsequent to entry of the judgment, which is addressed in Rule 119.03.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 119 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Judgment

119.03 | Modification of Judgment and Termination of Jurisdiction

a. The court may terminate jurisdiction over a juvenile at any time on the court’s own motion.

b. The court may modify a judgment or order under which it has jurisdiction over a juvenile after a hearing on the record or by agreement of all parties.

c. Any party may at any time move the court in writing to modify a judgment or order or to terminate jurisdiction. The court may overrule such motion to modify a judgment or order or to terminate jurisdiction without a hearing or may, in its discretion, conduct a hearing and make any orders on the motion to modify the judgment or order or to terminate jurisdiction it deems proper.

d. Whenever a court modifies a judgment or order, a copy of the modified judgment or order and notice of entry of the modified judgment or order shall be served upon every party, as prescribed by Rule 119.01.

e. Whenever a court terminates jurisdiction, a copy of the court order and notice of entry of the court order terminating jurisdiction shall be served upon every party, as prescribed by Rule 119.01.

Comment

This Rule 119.03 is not intended to suggest that a court without a hearing may modify a judgment or order so as to impose additional restraints upon the juvenile or upon the juvenile’s parents, guardian or custodian, to deprive the juvenile’s parents, guardian or custodian of custody of the juvenile, or to commit the juvenile to the division of youth services.

Whenever a motion to modify a judgment or order or to terminate jurisdiction is filed, the court shall ensure, prior to acting upon the motion, that all parties, the guardian ad litem and any court appointed special advocate receive a copy of the motion and are provided a reasonable opportunity to respond to the motion.

When terminating jurisdiction over a juvenile placed outside Missouri in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children.  See section 210.620, RSMo.

When returning a juvenile from Missouri upon the filing of a petition by the juvenile’s home state, or placing a juvenile outside Missouri for supervision, in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on Juveniles.  See section 210.570, RSMo.


(Adopted May 20, 2009, effective January 1, 2010.)